Revolutionary War Pension and Bounty Land Warrant Application File S. 10,741, Ezekiel Gillam, New Jersey

SERVICE
New Jersey.
Gillam, Ezekiel
NUMBER
810741
carded.
CONTENTS
[Faint, illegible handwriting or bleed-through]
[Blank lined area]

let to Pen ag 6 Nov 8. 1833.
No. 689 New York
Ezekiel Gillam
of Albany in the State of New York who was a Private in the Comp commanded by Captain Morris of the Regt. commanded by Col. Seely in the Cont line for 6 1/2 mos
★ N. J. Line. March 24/05. Records corrected.
Inscribed on the Roll of New York at the rate of 21 Dollars 66 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 21 day of Apr. 1831 and unto S. Gould Auburn
Arrears to the 4th of Apr. '31 $ 54.10 Semi-ant. allowance ending 4th '31 10.83 $64.93
Revolutionary Claim, Age June 7, 1832. G. C. Stiles Clerk
Recorded By Book E Vol. 4 Page 58

No 24.865
Ezekiel Gillam Caugabeo - New York -
Admired
Pmote bmo & 15 days
A. Gould Auburn Caugabeo - NY -

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
New York
A Statement, shewing the Service of Ezekiel Gillam Ganga-bo-
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     April 1776 3 Private Capt Morris 81 years Traditional evidence   Oct - 76 1 Col Seely Morris   until 1780 12 Capt Posen County   - - - - 12 or 15 days Col Spencer New York   - - - - 5 or 6 days Major Wade   - - - - 10 Capt Ward   - - - - 15 Col Seely   - - - - 4 or 5 days Col Seely   - - - - 17 or 18 days Col Wyndo   - - - - 8 months 20 days  
the whole of his short term tours he states at not less than two months of his whole service at not less than 8 months 20 days
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.
The "short tours" referred to above making two months service were such as were not particularly set forth in his declaration. Because he could not remember when & where performed
E. J. Gould

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this                      day of                      personally appeared (a) before A. B. a resident (b) of                      in the county of                      and State, Territory or District of                      aged (c)                      years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d)                      , with                      and served in the                      (e) regiment of the                      line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I                      of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of                      for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of                      &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the                      and C. D. residing in (the same)                      , who has hereby certify, that we are well acquainted with                      , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the                      and that C. D., who has also signed the same is a resident in the                      and is a credible person, and that their statement is entitled to credit.
I,                      Clerk of the Court of                      do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this                      day of                      &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom? 
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
 6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?  { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
□ The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
John Ashton

Ezekiel Gillam
24805
Agent
A Gould
Suburn
NY

State of New York Cayuga County ss On this twenty fourth seventh day of December A D 1832 personally appeared before me one of the judges of the Court of Common Pleas in and for the County of Cayuga in said State Ezekiel Gil- lam of Sedyard in said County aged eighty one years who being first duly sworn according to law cloth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 1 th 1832. That he entered the service under the following named officers and served as herein stated. That he was born in the City of New York on the 13 th day of September A D 1751 as appears by a record of his age now in his possession, that when he was about four years old his father removed to the County of Morris in the State of New Jersey where he continued to reside at the commencement of the Revolutionary War. That about the month of April A D 1776 he entered the service of the United States in a company of minute men commanded by Capt Joseph Morris, Lieut Woods & Ensign Jonathan Morris in the Regiment commanded by Col Sylvanus Saly for a term of three months. That he continued to serve in said company during the whole of said term of three months. That said services were performed as a guard upon the lines at near Elizabethtown at Hackensack & other places on the said lines. He further says that in the month of October following he again entered said service in the company of militia commanded by Capt Saren (the name of his other company officers he does not now remember) in the Regiment commanded by Col --- Spencer. Majr Wade & adjutant. --- B ot --- for a term of one month and continued to serve therein as a guard upon the lines during the whole of said term of one month. That said services were performed at Elizabethtown. He further says that from this time until the year 1780, he lived immediately upon the lines, when the country was kept in a constant state

State of alarm by the frequent incursions of the enemy who then had possession of New York - that during said term he was very frequently in said service as a guard upon said lines and in cases of alarm but the particular times and the length of each time he does not now particularly remember except the following. that during said term he belonged to the company of militia commanded by Captain Israel Ward in the Regiment commanded by Col. Sylvanus Seely. that he was once called out in said company under the command of Colonel Sylvanus Seely and marched to Elizabeth town where he continued to serve as a guard upon the lines a term of twelve days, that afterwards he was again called out in said company and Regiment and marched to Connecticut Farms and was there at the taking of the Waldenkers and continued in service a term of twelve or fifteen days, that soon afterwards he was again called out in the same company & Regiment in case of alarm, and marched to said Connecticut Farms where he continued in service a term of five or six days. that afterwards he was again called out in the same company & Regiment and marched to Slaughterdam where he continued to serve a term of ten days. that afterwards he again entered said service in the company of militia commanded by Captain Israel Ward in the same Regiment & under the command of General Wynds, and marched to Amsterdam & Hackensack where he continued to serve as a guard upon the lines a term of half a month when he was discharged and returned home. He further says that at the time Springfield was burned, he was again called out in the same company & Regiment, and continued in said service a term of four or five days. that at

... the time of the battle of Monmouth he was again called out in the company & Regiment of militia commanded by Capt. Persons in the same Regi= =ment, and marched to Monmouth under the com= =mand of Gen. Myles, and was there at the time of the battle of Monmouth, and continued in said service at this time a term of seventeen or eighteen days. He further says that living as he did upon the lines he stood as a minute man during the whole time, that there were two alarm guns in the neighbourhood and when either one of them was fired the said minute men were required to be at the alarm post as soon as possible, and when a sufficient number were collected at said post they were formed into a company under such officers as were present without waiting for their respective officers and marched imme= =diately to the scene of alarm, and that for this reason he is unable to be more particular in the names of the officers under whom he served - that as before stated he was frequently engaged in said service in short tours, in such cases of alarm, some times one day some times three and five, days but at what particular times he is unable to state, but that the whole amount of such short tours could not have been less than two months. And that according to the best of his remembrance his whole term of service as a private soldier was not less than eight months and twenty one days and for such service he claims a pension. That whilst in said service he saw Gen. Washington. Gen. General Sullivan General Darlington Gen. Knox Gen. Myles.
That he is now very feeble in body and his memory very much impaired, and that he has

no property or means of subsistence except the charity of his friends and has been blind for about thirty years, that he never received a written discharge from said service and has no documentary proof thereof - that he has not the testimony of any living witness to said service and cannot procure it - that he removed from the County of Morris to the County of Orange in the State of New York where he continued to reside until about fourteen years ago when he removed to the County of Cayuga where he has resided ever since and where he now resides -
That Henry R Haysington is a clergyman resident in Ledyard aforesaid and Lucius Gaylord also resides in Ledyard who can testify as to his character for truth and their belief of his service as a soldier of the Revolution. And he further says that his different terms of service particularly specified and set forth above amount to six months and twenty days which together with the two months service at different times and in short tours as aforesaid make eight months and twenty days -
He hereby relinquishes all claim to a pension except the present and declares that his name is not on the pension roll of any state or territory -
Sworn & Subscribed the day & year aforesaid
Ezekiel his X Gellam mark
Asahel Fitch a judge of Cayuga County Courts
We Henry R Haysington a clergyman resident in Ledyard in the County of Cayuga and Lucius Gaylord a resident of the same town do

Certify that we are well acquainted with Ezekiel Gillam who has subscribed and sworn to the foregoing declaration that we believe him to be eighty one years of age - that he is respected and beloved in the neighbourhood where he resides to have been a soldier of the Revolution and that we concur in that opinion
Sworn & subscribed the 27 th day of December AD 1832 before me Asahel Fitch a judge of Cayuga County Courts
Henry R. Haysington Lucius Gaylord
And I the said judge do hereby declare my opinion after an investigation of the matter and after putting the interrogatories prescribed by the war department that the said Ezekiel Gillam was a Revolutionary soldier & served as he states. I further certify that it appears to my satisfaction that Henry R. Haysington who has subscribed & sworn to the above certificate is a clergyman resident in the town of Ledyard & County of Cayuga and that Lucius Gaylord who has also signed the same is a resident of Ledyard aforesaid and is a respectable person and that their statement is entitled to full credit. And I further certify that the said applicant cannot attend Court by reason of bodily infirmity -
Asahel Fitch
State of New York Cayuga County
ss I Michael S Myers Clerk of the Court of Common Pleas in and for the County of Cayuga do certify that Asahel Fitch before whom the foregoing declaration & certificate were made and

by whom the foregoing certificate was made was on the day of the date of the same one of the Judges of said Court that I am well acquaint- ed with the hand writing of the said Judge and believe his signature to said declaration & certificate to be genuine - Witness my hand and seal of office the third day of January A D 1833
M. H. Myren Clerk

Rev War
10.741
✓ INVALID. am
File No. 10.741
Ezekiel Gillam Rev War
Act: June 7 th 1832
Index:—Vol. A , Page 142
[Arrangement of 1870.]

Auburn NY June 15 1888
Sir
Enclosed I return the papers in the case of Ezekiel Gillam with the objection answered. he has excluded the "two months" "short tours" and stated his services at the lowest estimate of his services particularly mentioned & set forth in his declaration. Please send the result to me
Very Respectfully Your O't Servt H Gould
Hon J S Edwards

State of New York
Cayuga County ss Personally appeared before me the undersigned a justice of the peace in & for said County Ezekiel Gillam who being duly sworn says that by reason of old age and the consequent loss of memory he cannot swear positively as to the precise length of his services but according to his best recollection he served not less than the period mentioned below and in the following grade. For six months and fifteen days I served as a private soldier and for such service I claim a pension
Sworn & subscribed the 13 th day of June 1833 before me Ezekiel Gillam his mark Joshua M Coonley Justice of peace
I certify that said Ezekiel Gillam is a man of truth and veracity. June 13 th 1833
Joshua M Coonley Justice
State of New York
Cayuga County ss I Michael S Myers Clerk of said County do certify that Joshua M Coonley before whom the foregoing affidavit was made was on the day of the date of the same a justice of the peace in & for said County that I am well acquainted with the handwriting of said justice & believe his signature to said affidavit and the above certificate to be genuine. Witness my hand and seal of office the 13 th day of June 1833
M. S. Myers. Atty